Article 7 — Overlay Districts, Chapter 7-4 — N. OCONEE WATER SUPPLY WATERSHED PROTECTION OVERLAY
Purpose and Intent
The quality of public drinking water supplies must be assured. Land-disturbing activities associated with development can increase erosion and sedimentation, which threaten the storage capacity of reservoirs and impair the quality of public drinking water supplies.
Stormwater runoff, particularly from impervious surfaces, can introduce toxins, nutrients, and sediments into drinking water supplies, making water treatment more complicated and expensive and rendering waters resources unusable for recreation. Industrial land uses that involve the manufacture, use, transport, and storage of hazardous or toxic waste materials result in potential risks of contamination of nearby public drinking water supplies. Therefore, land use activities within water supply watersheds must be regulated to ensure that public water supplies remain clean. This chapter establishes standards, consistent with the state department of natural resources' rules for environmental planning criteria for water supply watersheds (Rule 391-3-16-01) to ensure water quality in the watershed system is not compromised by land activities such as grading, septic systems, and accidental release of contaminants. The intent of this chapter is to minimize the transport of pollutants and sediment to the water supply, to maintain the yield of water supply watersheds, and to ensure water can be treated to meet federal and state drinking water standards, within the North Oconee River small water supply watershed.
Definitions
Buffer. A natural or enhanced vegetated area with no or limited minor land disturbances, such as trails and picnic areas, located adjacent to water supply reservoirs or perennial streams within water supply watersheds.
Impervious surface. A man-made structure or surface that prevents the infiltration of stormwater into the ground below the structure or surface. Examples are buildings, roads, driveways, parking lots, decks, swimming pools, and patios.
Perennial stream. A stream that has normal stream flow consisting of base flow (discharge that enters the stream mainly from groundwater) or both base flow and direct runoff during any period of the year.
Reservoir boundary. The edge of a water supply reservoir defined by its normal pool level.
Small water supply watershed. A watershed that contains less than 100 square miles of land within the drainage basin upstream of a governmentally owned public drinking water supply intake.
Utility. All public, private, and municipal, above or below ground, infrastructure systems providing water, stormwater, sanitary sewer, natural gas, electricity, telecommunications, cable television or internet, services; or any other service controlled by the State public services commission.
Water supply reservoir. A governmentally owned impoundment of water for the primary purpose of providing water to one or more governmentally owned public drinking water systems. This excludes the multipurpose reservoirs owned by the U.S. Army Corps of Engineers.
Boundaries and Map
The North Oconee River water supply watershed protection overlay zone is hereby designated and shall consist of the land areas that drain to the proposed North Oconee River public water supply intake and water supply reservoir. The boundaries of the overlay zone are defined by the ridgelines of the watershed. The overlay zone boundaries are further delineated and defined on the Official Zoning Map.
Permitted Uses and Use Restrictions
All uses allowed in the underlying zoning districts as established by this Code are permitted in this overlay zone, subject to standards established in this chapter, except for those listed or qualified below:
Requirements Within Seven Miles of Intake
Within a seven-mile radius upstream of the North Oconee River public drinking water supply intake, the following requirements shall apply to perennial stream corridors:
Requirements Beyond Seven Miles of Intake
Within the water supply watershed but outside a seven-mile radius upstream of the North Oconee River public drinking water supply intake, the following requirements shall apply to the perennial stream corridors:
Exemptions
The following land uses and activities are exempted from compliance with this chapter:
Impervious Surface Limitations
The impervious surface area, including all public and private structures, utilities, or facilities, of the entire small water supply watershed shall be limited to 25%, or existing use, whichever is greater.
Compliance with Reservoir Management Plan
All development within the 150-foot buffer from any water supply reservoir boundary, and any uses of the reservoir itself including docks, shall comply with any reservoir management plan adopted by the local government with jurisdiction and approved by the State Department of Natural Resources.
Annexation, Rezoning or Special Use Within the Watershed
When an application for annexation, rezoning or special use for land subject to this chapter is proposed, the Director, Planning and Appeals Board, and Governing Body shall consider the potential impacts of development resulting from the annexation, rezoning or special use if approved would have on the purposes of watershed protection established in this chapter. Any finding that development pursuant to the annexation, rezoning or special use if approved would result in excessive impervious surface or adverse impacts on water quality in the watershed shall be a sufficient basis for denial of the annexation, rezoning or special use application by the Governing Body.